Court : Supreme Court of India
R.M. Lodha, J.Leave granted.2. The short question for consideration in this appeal by special leave is whether High Court was justified in staying the proceedings in civil suit till the decision in criminal case.3. It is not necessary to narrate the facts in detail. Suffice it to say that the appellant filed an FIR (P.S. Case No. 8 of 2003) at Dharampura Police Station against respondent nos. 1 to 4 for commission of the offences under Sections 420, 467, 468 and 120B, IPC alleging that they had executed a false, forged and fabricated will on 02.07.1997 in the name of late Devkinandan Sahay with the intention to grab his property. It was further alleged that based on the fabricated will, these respondents had obtained a mutation order dated 24.11.1999 from the Tehsildar, Ajaygarh. On completion of investigation in the above F.I.R., the challan has been filed against the above respondents and trial against them is going on in the Court of Judicial Magistrate, First Class, Ajaygarh, Panna...
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Ranjan Gogoi, J.Leave granted.2. An award dated 27.02.2004 passed by the learned Labour Court, Ambala, upholding the termination of service of the appellant was challenged before the High Court of Punjab and Haryana. The High Court having dismissed the aforesaid challenge the present appeal has been filed.3. The brief facts that would be relevant for the adjudication of the present case may be noticed as hereinbelow:The appellant, Sohan Lal, was employed as a regular driver in the Haryana Roadways having been appointed in the said post on 01.04.1993. According to the appellant, while in service, he sustained certain injuries as a result of a road accident. A medical examination of the appellant was conducted by the Civil Surgeon, Yamuna Nagar to determine the fitness of the appellant to continue to be employed as a driver. He was found to be unfit to discharge his duties. Thereafter, a notice dated 03.03.1997 was issued to the appellant by the General Manager of the Haryana Roadways pr...
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M.Y. Eqbal, J.Leave granted.2. This appeal is directed against the judgment and order dated 7th January, 2009 passed by a Division Bench of the Gauhati High Court on a reference made to it by the Hon’ble Chief Justice pursuant to the order dated 19th November, 2008 of a learned Single Judge to answer the question as to whether the Office Memorandum dated 7th January, 2008 issued by the Government of Arunachal Pradesh and adopted by the Arunachal Pradesh Public Service Commission on 16th April, 2008 prescribing cut-off marks of 33% or more to be secured in each written examination papers in the Arunachal Pradesh Public Service Combined Competitive Examination (Main) 2006-07 (in short, “the Main Examination”) conducted by the Arunachal Pradesh Public Service Commission for recruitment into various posts in Grade-A and Grade- B under the Government of Arunachal Pradesh, is permissible after commencement of the recruitment process and applicable to the candidates who alre...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.427 OF 200.State of Rajasthan Appellant Versus Shravan Ram & Anr. Respondents JUDGMENT K.S. Radhakrishnan, J.1. This is an appeal by the State of Rajasthan against the Judgment in D.B. Criminal Appeal No.124 of 2001 passed by the High Court of Rajasthan. The Additional Sessions Judge convicted the accused persons under Section 302, IPC and sentenced them for life imprisonment with fine which was reversed by the High Court and acquitted the accused persons.2. The prosecution case is as follows: Guddi, the deceased, was admitted in the hospital on 11.09.1998 with ninety nine per cent burn injuries. Parcha Bayan (Ex.P14A) of the deceased was recorded by ASI, Ram Kishan and signed by SHO Mohan Lal PW13 in the hospital. On the basis of the said Parcha Bayan, FIR No.300/98 was registered at police station Madanganj (Ajmer) against the accused persons under Section 307, IPC. During treatment, Gud...
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K.S. Radhakrishnan, J.1. This is an appeal by the State of Rajasthan against the Judgment in D.B. Criminal Appeal No. 124 of 2001 passed by the High Court of Rajasthan. The Additional Sessions Judge convicted the accused persons under Section 302, IPC and sentenced them for life imprisonment with fine which was reversed by the High Court and acquitted the accused persons.2. The prosecution case is as follows:Guddi, the deceased, was admitted in the hospital on 11.09.1998 with ninety nine per cent burn injuries. Parcha Bayan (Ex.P14A) of the deceased was recorded by ASI, Ram Kishan and signed by SHO Mohan Lal PW13 in the hospital. On the basis of the said Parcha Bayan, FIR No. 300/98 was registered at police station Madanganj (Ajmer) against the accused persons under Section 307, IPC. During treatment, Guddi died at about 10AM on the same day and the case was converted into Section 302, IPC. During the course of investigation, both the accused persons were arrested on 12.09.1998, first ...
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KurianJoseph, J.Leave granted.2. While registering an instrument of partition, whether the registering authority under the Registration Act, 1908 is bound by the assessment of stamp duty made by the court as per suit valuation, is the question arising for consideration in this case.3. Petitioner is aggrieved by the order dated 02.09.2010 of the High Court of Calcutta passed on a petition filed by the petitioner challenging the order passed by the Civil Judge (Senior Division) at Siliguri on 22.08.2007. Respondents are parties to a partition suit filed by the 1st Respondent herein before the Civil Judge (Senior Division) at Siliguri in T.S. (Partition) No. 70 of 1999. The Trial Court had directed the petitioner, who was not a party before the court, to complete the registration on the basis of the stamp duty as per the suit valuation. The suit was valued at Rs.50 lakhs for the purpose of suit valuation. During the pendency of the suit, dispute was compromised and, accordingly, Annexure ...
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K.S. Radhakrishnan, J1. The appellants herein were charge-sheeted for the offences punishable under Section 302 of the Indian Penal Code. The accused Habib was charge-sheeted under Section 302 IPC and the remaining two accused persons including Manuwa were charge-sheeted under Section 302 read with 34 IPC, however, Manuwa was also charge-sheeted under Section 307 IPC as well.2. The trial court after appreciating the oral as well as documentary evidence acquitted all the accused persons vide its judgment dated 3.10.2008. Aggrieved by the said order the State preferred G.A. No.114 of 1982 before the High Court of judicature at Allahabad. The High Court, vide its judgment dated 23.3.2007 confirmed the acquittal of the accused Bhappa but acquittal of Habib and Manuwa was set aside. Habib was found guilty and convicted for the offences punishable under Section 302 IPC and accused Manuwa was convicted under Section 302 read with Section 34 IPC. Aggrieved by the said order Habib has filed Cri...
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K.S. Radhakrishnan, J. 1. Appellants herein, the original accused A-1, A-3 and A-7, were charge-sheeted along with certain other accused persons for the offences punishable under Section 452, Sections 341, 302 IPC read with Section 34 IPC etc. The trial Court acquitted all the accused persons in Sessions Case No. 7 of 1989 vide its judgment dated 25.9.1989. 2. On appeal by the State, the High Court set aside the acquittal of the appellants of the offences under Section 452 read with Section 34 IPC and convicted and sentenced each one of them with a sentence of 1-2 years and fine with default sentence. The High Court also sentenced them for offences punishable under Section 302 read with Section 34 IPC to suffer imprisonment for life and pay a fine of Rs.5,000/-. The sentences were ordered to run concurrently. Aggrieved by the same, appellants herein have come up with this appeal. 3. The prosecution version is as follows: Deceased Sanjay Gaonkar and his two friends, namely, Anil Raut - ...
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